MARITIME LAW — Bills of Lading — Statutory Right of Suit
Ratio Decidendi
Per Adekeye, JSC, quoting Section 375(1) of the Merchant Shipping Act, in Basinco Motors Limited v. Woermann-Line (2009) NLC-123-24-2003(SC) at p. 11; Paras A–B:
"Every consignee of goods named in a bill of lading, and every endorsee of a bill to whom the property in the goods therein mention shall pass upon or by reason of such consignment or endorsement shall have transferred to and vested in him all right of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself."
Explanation / Scope
This principle states the statutory right of suit under the Merchant Shipping Act. Consignees and endorsees with property in goods have transferred to them all rights of suit. They are subject to the same liabilities as if the contract was made with them. The principle applies in maritime claims on bills of lading. It ensures that parties with property interest can enforce the contract. The principle reflects the statutory transfer of rights. It provides clarity on who can sue. The principle is a direct quotation of the statute. It ensures uniform application of maritime law.